Free Witness List - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 218

Filed 09/30/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTH STAR ALASKA HOUSING CORPORATION, ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________)

No. 98-168C Judge Francis M. Allegra

WITNESS LIST AND EXHIBIT LIST FOR EVIDENTIARY HEARING ON THE GOVERNMENT'S DESTRUCTION OF DOCUMENTS Per the Court's order of September 21, 2004, Plaintiff North Star Alaska Housing Corporation ("North Star") hereby submits its list of witnesses and exhibits to be used at the October 7, 2004 hearing on the Government's destruction of documents. North Star expects to call the following witnesses and adverse witnesses: (1) Debra Reese, North Star employee, to testify about the events of August 17, 2004,

when she heard the sounds of a paper shredder coming from the Government's Birchwood Housing Office and observed a tall, blonde woman whom she had not seen before shredding documents. We expect her testimo ny to last no more than 30 minutes. (2) Ricardo Hernandez, polygraph examiner, to testify about the polygraph exam he

administered to Debra Reese. We expect his testimony to last no more than 30 minutes. (3) Stacey L. Andreasen, Government paralegal, to testify about the events of August

17, 2004 and about the Government's practices with respect to the spoliation of documents. We expect her testimony to last no more than 30 minutes, and expect that the Government will produce this witness either in person or via videoconference.

Case 1:98-cv-00168-FMA

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(4)

Rodney G. Everett, Contracting Officer's Representative, to testify about the

events of August 17, 2004 and about the Government's practices with respect to the spoliation of documents. We expect his testimony to last no more than 30 minutes, and expect that the Government will produce this witness either in person or via videoconference. (5) William Edwards, Government Counsel, to testify about the events of August 17,

2004 and about the Government's practices with respect to the spoliation of documents. W e expect his testimony to last no more than 30 minutes, and expect that the Government will produce this witness either in person or via videoconference. (6) Lori Dallas, 801 Project Manager, to testify about the events of August 17, 2004

and about the Government's practices with respect to the spoliation of documents. We expect her testimony to last no more than 30 minutes, and expect that the Government will produce this witness either in person or via videoconference. North Star plans to introduce the following exhibits at the hearing: (1) (2) (3) (4) (5) (6) (7) Affidavit of Debra Reese Affidavit of Stacey L. Andreasen Affidavit of Rodney G. Everett Transcript of the September 1, 2004 Hearing in the instant case Curriculum vitae of polygraph examiner, Ricardo Hernandez Polygraph analysis of Debra Reese by Ricardo Hernandez Plaintiff's March 6, 2000 Motion for Order Imposing Sanctions Upon Defendant United States and, in Advance Thereof, for the Scheduling of Depositions in Connection with Said Motion

DATED:

September 30, 2004

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Case 1:98-cv-00168-FMA

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Respectfully submitted, s/ Paul W. Killian ____________________________________ PAUL W. KILLIAN Akin Gump Strauss Hauer & Feld, L.L.P. 1333 New Hampshire Ave., N.W. Washington, D.C. 20036 (202) 887-4000

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Case 1:98-cv-00168-FMA

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Witness List and Exhibit List for Evidentiary Hearing on the Government's Destruction of Documents was served electronically on this 30th day of September, 2004 upon:

Donald E. Kinner, Esq. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Attorney for Defendant s/ Paul W. Killian ________________________ Paul W. Killian

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